GERMAN INTELLIGENCE-RELATED LEGAL DOCUMENTS

1. statements from the law over the parliamentary control nachrichtendienstlicher activity of the league of that 11. April 1978

§ 1

(1) The federal government is subject to with regard to the activity of the Federal office for protection of the Constitution, the military of counterintelligence and the German Intelligence service of the control through the parliamentary Kontrollkommission.

§ 4

(1) The German Bundestag chooses at the beginning of each choice period the members of the parliamentary Kontrollkommission from his middle.
(2) He/it determines the number of the members, the composition and the mode of operation of the parliamentary Kontrollkommission.

Members of the parliamentary Kontrollkommission
Fraction	Delegated
CDU/CSU	Büttner (Schönebeck), Hartmut Marschewski, Erwin Dr. Olderog, Rolf Zeitlmann, Wolfgang
SPD	Breaks - Elsweier, Anni Gansel, Norbert Dr. bum, Willfried
Bründnis 90/DIE GREEN	Such, Manfred
F.D.P.	Dr. deer, Burkhard

2. Statements from the law for the limit the letter -, mail - and Fernmeldegeheimnisses (law to article 10 Constitutional Law) (G 10) from 13th August 1968

Articles 1 § 1

(1) There are
1. the protection of the Constitution authorities of the league and the countries, the office for the military counterintelligence and the German Intelligence service to the defense of threatening dangers for the liberal democratic constitution or the existence or the security of the league or a country including the security it in the Federal Republic of Germany stationed troops the nichtdeutschen contract states of the Nordatlantik - contract,
2. the German Intelligence service in the border of his tasks after § 1 paragraph 2 of the Bnd - law also to it in § 3 paragraph 1 set 2 No. 2 to 6 certained purposes authorizes, to monitor which Fernmeldeverkehr and, to open in the cases of the number 1 also them to record the letter - or mail mystery being subject to shipments and to understand.

Articles 1 § 2

(1) limits after § 1 paragraph 1 No. 1 No. 1 may will under the there marked requirements ordered, if actually reference points exist for the suspicion, that somebody
1. Straftagen of the peace treason or the high treason (§§ 80, 80 a, 81, 82 and 83 the Criminal code),
2. Criminal offenses of the threat of the democratic constitutional state (§§ 84, 85, 86, 87, 88, 89 the Criminal code, § 20 paragraph 1 No. 1, 2, 3 and 4 the union law),
3. Straftagen of the treason and the threat of the outer security (§§ 94, 95, 96, 97 a, 97 b, 98, 99, 100, 100a of the Criminal code),
4. Criminal offenses against the national defense (§§ 109 c, 109 f, 109 g of the Criminal code),
5. Troops stationed criminal offenses against the security it in the Federal Republic of Germany the nichtdeutschen contract states of the Nordatlantik - contract (§§ 87, 89, 94, 95, 96, 98, 99, 100, 109 e, 109 f, 109 g of the Criminal code together with articles 7 of the fourth of criminal law amendment of that 11. June 1957 in the poise of the eighth of criminal law amendment),
6. Criminal offenses after § 129 of the Criminal code or
7. Criminal offenses after § 92 paragraph 1 No. 7 of the foreigner law plans, commits or has committed. Equal counts, if actual reference points exist for the suspicion, that somebody is member of an union, their purposes or their activity on it are directed, to commit criminal offenses, which are directed at the liberal democratic constitution, the existence or the security of the league or a country.

(2) An order after paragraph 1 is only permissible, if the research of the fact would be complicated on other way hopeless or essentially. She/it may conform only at the suspect or at persons, by them by virtue of certain facts is to be assumed, that she/it determined for the suspect, or from him/it stemming communications accept or transmit or that the suspect uses their -Anschluss. Representative mail of members of the German of Bundestag and the Parliaments of the countries may not be included in a measure, which conforms at a third. That does not count, if and as far as the commission has ascertained, that concrete circumstances justify the acceptance, that the mail does not originate from the representative. § 9 paragraph 2 set 2 counts accordingly.

Articles 1 § 3

(1) Besides in the cases the § 2 may not be ordered for proposition of the German Intelligence service limits after § 1 for international leitungsgebundene Fernmeldeverkehrsbeziehungen, which determines it after § 5 responsible Federal ministers with consent of the representative committee according to § 9. You/They are only permissible for the collection of news over facts, their knowledge is necessary, around the danger

1. an armed attack on the Federal Republic of Germany,
2. the perpetration of international terrorist impacts in the Federal Republic of Germany
3. the international dissemination of war weapons in the sense of the law over the control of war weapons as well as the prohibited foreign trade traffic with products, Datenverarbeitungsprogrammen and technologies in the sense of the part I the export list (equipment AL for the foreign trade ordinance) in cases of considerable meaning,
4. the unauthorized Verbringung of narcotics in not slight volume from the foreign countries in the area of the Federal Republic of Germany,
5. in the foreign countries of committed counterfeits as well as
6. the money wash in the connection with it in the numbers 3 to 5 named acts

in time a such danger to recognize and to meet. In the cases of the number 1 limits may be ordered according to set 1 also for leitungsgebundene Fernmeldeverkehrsbeziehungen and for mail traffic relations.

(2) For limits in the sense of the paragraph 1 may use the Bundesnachrichtend5ienst only search keys, which marked for the enlightenment of facts over it in the order danger range certainly and suitable are. The search keys may contain no identification features, the Fernmeldeanschlüsse certain for an aimed acquisition lead. Set 2 does not count for Fernmeldeanschlüsse in the foreign countries, in so far as can be excluded, that connections

1. German citizens or
2. from companies with the seat in the foreign countries, if the predominant part of their capability or their capital as well as the actual control over the company belongs to German natural or legal persons and the majority of the representation claimant are German citizens,

aimed are recorded. The search keys are to be named in the order. The implementation is to be recorded with technical means; she/it is subject to the control according to § 9 paragraph 2. The protocol data may be used exclusively to purposes of the protection of data privacy control. You/They are at the end of the calendar year, which follows the year the Protokollierung, to delete.

(3) Bei der Durchführung von Maßnahmen nach Absatz 1 erlangte personenbezogene Daten dürfen nur zur Verhinderung, Aufklärung oder Verfolgung von Straftaten verwendet werden, die in § 2 dieses Gesetzes und in § 138 des Strafgesetzbuches bezeichnet sind, sowie von Straftaten nach den § § 261 und 264 des Strafgesetzbuches, § 92 a des Ausländergesetzes, § 34 Abs. 1 bis 6 und 8 und § 35 des Außenwirtschaftsgesetzes, §§ 19 bis 21 und 22 a Abs. 1 Nr. 4, 5 und 7 des Gesetzes über die Kontrolle von Kriegswaffen oder § 29 a Abs. 1 Nr. 2, § 30 Abs. 1 Nr. 1, 4 oder § 30 a des Betäubungsmittelgesetzes, soweit gegen die Person eine Beschränkung nach § 2 angeordnet ist oder wenn tatsächliche Anhaltspunkte für den Verdacht bestehen, daß jemand eine der vorgenannten Straftaten plant, begeht oder begangen hat. § 12 of the Bnd - law remains untouched.

(8) persons affected, their data through a measure after paragraph 1 have been attained, the limit is to be informed the Fernmeldegeheimnisses, as soon as a threat of the purpose of the limit and the application can be excluded. A communication remains undone, if the data

1. from the German Intelligence service within three months after acquisition or
2. by the authority, who have been transmitted them/it/her after paragraph 5, within three months after receipt

destroyed have been. The communication is incumbent on the German Intelligence service, in which trap the übermittlung after paragraph 5 of the receiver authority.

Articles 1 § 9

(1) It after § 5 paragraph 1 for the order of limit measures responsible Federal ministers instructs at intervals of at most six months a committee, which certained from nine by the Bundestag representatives exists, over the implementation of this law.

(2) The responsible Federal minister instructs monthly a commission about the limit measures ordered by him/it before their execution. With danger in the delay he/it can order the execution of the limit measures also already before the instruction of the commission. The commission decides from office because of or on the basis of complaints on the admissibility and necessity of limit measures. Orders, which does not explain the commission for inadmissible or necessarily, has to pick up the responsible Federal minister immediately.

(4) The commission is composed of the chairman, who must own the aptitude to the justiceship, and three assessors. The members of the commission are not subjected in their administration independent and directions. You/They perceive a public honorary office and are ordered by that in paragraph 1 named committee after hearing of the federal government for the duration of a choice period of the Bundestag with the proviso, that their term of office first with the Neubestimmung of the members of the commission, at the latest however three months at the end of the choice period ends. The commission gives itself an agenda, which needs the consent the in paragraph of 1 named committee. Before the consent the federal government is to be heard. The voice of the chairman decides at tie.

Members of the committee according to § 9 paragraph 1 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses (law to kind. 10 GG)
Fraction	Delegated
CDU/CSU	Eylmann, nest Dr. Schmidt (throat bridge), Joachim Stone brook, Erika Zeitlmann, Wolfgang
SPD	Antretter, Robert Börnsen (Ritterhude), Arne Professor Dr. Däubler-Gmelin, Herta
Union 90/DIE GREEN	Tube, Rezzo
F.D.P.	Dr. Stadler, Max

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Members of the commission after § 9 paragraph 4 of the law for the limit the letter -, mail - and Fernmeldegeheimnisses (law to kind. 10 GG)
Members	Representatives
for the CDU/CSU
RegPräs a.D. Dr. Miltner, Karl	Dr. Vorndran, Wilhelm, Landtagspräsident a.D.
for the SPD
Senate director a.D. Professor Dr. Arndt, Claus	Attorney Professor Dr. Gester, Heinz
for the F.D.P.
Attorney tree, Gerhart Rudolf, Federal ministers a.D.	Ronneburger, Uwe

3. §§ 39 to 43 AWG, inserted through the law for the änderung of the foreign trade law, the Criminal code and other laws of that 28. February 1992, BGBl I S. 372

§ 39 - limits the letter -, mail - and Fernmeldegeheimnisses

(1) For the prevention of criminal offenses after the foreign trade law or the Kriegswaffenkontrollgesetz is the Zollkriminalinstitut legitimate, the letter -, to open mail - or Fernmeldegeheimnis being subject to shipments and to understand as well as to monitor the Fernmeldeverkehr and to record. The basic right the letter -, mail - and Fernmeldegeheimnisses (article 10 the Constitutional Law) is limited so far.

§ 41 implementation instructions

(5) The Federal minister of the finances instructs at intervals of at most six months a committee, which certained from nine by the Bundestag representatives exists, over the implementation it §§ 39 to 43 this law.

Members of the committee according to § 41 paragraph 5 of the foreign trade law
Fraction	Delegated
CDU/CSU	Eylmann, nest Dr. Schmidt (throat bridge), Joachim Dr. Schockenhoff, Andreas Zeitlmann, Wolfgang
SPD	Brook Mays, Hermann Börnsen (Ritterhude), Arne Zapf, Uta
Union 90/DIE GREEN	Sterzing, Christ At
F.D.P.	Dr. Stadler, Max

4. Common committee

Articles 53 a Constitutional Law

(1) The common committee exists to two thirds of representatives of the Bundestag, to a third of members of the Bundesrat. The representatives are determined from the Bundestag accordingly the intensity relationship of the fractions; they may not belong to the federal government. Each country will represent through a member ordered by him/it of the Bundesrat; these members are not bound at directions. The education of the common of committee and his procedure are controlled through an agenda, which is to be concluded by the Bundestag and needs the consent of the Bundesrat.

(2) The federal government has to instruct the common committee about their plannings for the case of defense. The rights of the Bundestag and his committees according to articles 43 paragraph 1 remain untouched.

Members of the common of committee according to type. 53 a Constitutional Law

Chairing: President of the German of Bundestag Professor Dr. Rita Süssmuth

Bundestag
Fraction	Delegated	Representatives
CDU/CSU	Breuer, Paul	Dr. Blens, Heribert
	Dr. Dregger, Alfred	Doss, Hansjürgen
	Francke (Hamburg), Klaus	Geis, Norbert
	Dr. Göhner, Reinhard	Professor Dr. Hornhues, Karl-Heinz
	Glos, Michael	Lamp, Helmut
	Dr. Lippold (Offenbach), Klaus	Otto (Erfurt), Norbert
	Houses (Esslingen), Otto	Dr. plows, Friedbert
	Jacoby, Peter	Pofalla, Ronald
	Small (Munich), Hans	Polenz, Ruprech
	Dr. Ing. Pitchers, Paul	Röttgen, Norbert
	Oswald, Eduard	Reichardt (man home), Klaus Dieter
	Professor Dr. Süssmuth, Rita	Dr. rose, Klaus
	Professor Dr. Scholz, Rupert	Dr. Schmidt (throat bridge), Joachim
	Frhr. from spritzer m, Reinhard	Dr. Uelhoff, Klaus-Dieter
	Swallow, Clemens	Zeitlmann, Wolfgang
SPD	Band ping, Rudolf	Becker-Inglau, Ingrid
	Dressler, Rudolf	Diller, Karl
	Fox (Cologne), Anke	Fox (Verl), Katrin
	Gansel, Norbert	Klose, Hans-Ulrich
	Kolbow, Walter	Bodies, Fritz Rudolf
	Matthäus - Mays, Ingrid	Kröning, people
	Trained (Hameln), Brigitte	Meckel,Markus
	Schwanitz, Rolf	Schily, Otto
	Dr. Struck, Peter	Schröter, Gisela
	Thierse, Wolfgang	Wieczorek (Duisburg), Helmut
	Verheugen, Günter	Wiefelspütz, Dieter
	Wieczorek-Zeul, Heidemarie	Zapf, Uta
Union 90 /	Nachtwei, Winfried	Schmitt (Langenfeld), Wolfgang
THE GREEN	Beer, Angelika	Höfken, Ulrike
F.D.P.	Dr. Solms, Hermann Otto	Albowitz, Ina
	van meals, Jörg	Irmer, Ulrich

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Bundesrat
Country	Member	Representatives
Bathe - Württemberg	Ministers Dr. Schäuble	Ministers Dr. Goll
Bavaria	State min. Professor Männle	State min. Professor Dr. Faltlhauser
Berlin	Senator Schönbohm	Senator Dr. Peschel-Gutzeit
Brandenburg	Ministers goal	Ministers Dr. groom
Bremen	Senator Dr. Trained	Senator Beckmeyer
Hamburg	Senator Wrocklage	Senator Dr. Mirow
Hesse	State min. from Plottnitz	State min. Gerhard Bökel
Mecklenburg-Vorpomern	MinPräs Dr. page	Ministers Progert
Lower Saxony	Ministers Glogowski	Ministers Waike
North Rhine-Westphalia	Min Präs Dr. h.c. Rau	Ministers Dr. vespers
Rhineland-Palatinate	State min. Medium	State min. Tubs
Saarland	Ministers Läpple	Ministers Dr. Walter
Saxony	MinPräs Professor Dr. Biedenkopf	State min. Dr. Geisler
Saxony - Support	Ministers Dr. Püchel	Minister Schubert
Schleswig-Holstein	MinPräsidentin Simonis	Ministers Walter
Thuringia	MinPräs Dr. bird	Minister Lieberknecht